9911796707
TMI Blog2025 (3) TMI 609X X X X Extracts X X X X X X X X Extracts X X X X ..... ultant noticed the same and filed a reply on 20.06.2024 and was expecting for response, however, nearly for three weeks, nothing was updated and hence, the petitioner assumed that the issue was solved and thereafter, the petitioner discontinued the service of the tax consultant. However, the respondents, all of a sudden, passed the impugned order dated 28.08.2024, raising demand for tax/interest/penalty, without even giving an opportunity to the petitioner to putforth their contentions. Added to that, the said impugned order was not served on the petitioner through any physical mode of service but was merely uploaded in the GST Portal, which the petitioner was not aware. Only on 04.01.2025, when the petitioner received a notice dated 02.01. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age of admission itself. 2. The challenge in this Writ Petition is to the order passed by the first respondent under Section 73 of CGST Act, in form GST DRC-07 dated 28.08.2024 and consequently, to direct the fourth respondent to de-freeze the petitioner's Bank Account with reference to the above impugned order under Form GST DRC-07 bearing Ref No.ZD3308242595528 dated 28.08.2024 passed by the first respondent within a time framed fixed by this Court. 3. The learned counsel for the petitioner would submit that the petitioner though filed a reply to the show cause notice with the assistance of the erstwhile Consultant, since, the respondent-Department has not given any response to the reply dated 20.06.2024 for nearly one month, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or appropriate orders. 4. The learned Government Advocate (T) for the respondents 1 to 3 fairly submitted that since already 40% of the disputed tax has been recovered from the petitioner, subject to the verification of the statement made by the petitioner in that regard, the prayer sought for by the petitioner may be considered. 5. I have given due considerations to the submissions made on either side and perused the materials available on record. 6. On perusal of records, it is seen that the first respondent has issued a show cause notice in Form GST DRC-01 dated 22.05.2024 by fixing the date for reply on 22.06.2024 and fixed the personal hearing, without even mentioning the date, time and venue. Thereafter, the first respondent caused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;s bank account has been attached and a sum of Rs. 3,25,320/- was also recovered from the petitioner through electronic cash ledger. 6.1 Therefore, it is clear that the fact that the reply filed by the petitioner's ex-Consultant was not accepted by the respondents was came to the notice of the petitioner only on 04.01.2025, i.e. much later to the passing of the impugned order, hence, the petitioner was not in a position to file any detailed/better reply. However, the first respondent without even providing an opportunity of personal hearing, passed the impugned order, which suffers from violation of principles of natural justice. Therefore, this Court is inclined to pass/issue the following orders/directions:- i) The impugned order d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
